Georgia Injury Lawyers Blog
Observations
Proof of a valid periodic inspection only relieves the motor carrier from being cited for a violation of regulation. A CMV may still nevertheless be subject to a roadside inspection even if it already passed an annual inspection and displays proof thereof. Thus, be certain to look for any inspection by a state or federal entity even if the motor carrier had produced a current annual certificate. Note, however, that although a DVIR from an inspection by an FMCSA agent must be retained for twelve months after the date of inspection, the FMCSRs do not appear to require that a motor carrier keep a copy of a state inspection form. Therefore, state inspection forms may sometimes only be available from the inspecting agency itself via an open records request.
As touched on earlier, the periodic inspection rules, and Appendix G in particular, should be consulted in any case dealing with a component defect, malfunction, or failure. If the component is among those required to be inspected, the details surrounding the performance (or non-performance) of the inspection can assume an even more significant role. In some cases, the inspector who signed off on the annual may need to be deposed. If that course of action is pursued, the deposition should address that person’s qualifications to perform the annual inspection. In order to do so intelligently, evidence of his or her qualifications should be obtained before the deposition goes forward, which will also allow counsel to assess and verify them. In a pinch, the inspector can be asked to bring them to the deposition by including a Notice To Produce within the deposition notice.